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Client Updates & Self-Education

Search our complete archive of content to find answers to your most common questions. We’d argue it’s a more efficient use of all of our time, and your budget, to use in-person hours to skip past the basics and jump right to your sophisticated, thorny legal issues. That’s why you sought us out in the first place, right?

If you can’t find what you’re looking for, let us know! We’re constantly expanding the archives, and want to develop the most useful information at the right time for the right people.

HOW DO I FORM A PROFESSIONAL ENTITY IN MINNESOTA?

EP Team

One of the primary motivators for operating a business through a separate entity is to insulate the owners of the entity from the liabilities of the business. Typically, a corporation shareholder (or a member of a limited liability or a partner of a limited liability partnership) is not personally liable for the debts of the business. In many instances, the most that a shareholder (or LLC member or LLP partner) will lose in an unsuccessful business venture is their initial capital contribution and time.

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WHAT ARE ‘OUTSIDE IN-HOUSE COUNSEL’ SERVICES FOR FRANCHISORS?

EP Team

“How are you guys different from a typical law firm?”

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WHAT DO PROSPECTIVE FRANCHISEES LOOK FOR IN THE FRANCHISE DISCLOSURE DOCUMENT?

EP Team

All franchisors face one common business growth challenge:  how do I sell my franchise to quality prospective franchisees?  If you’ve forayed into the franchise industry to any extent, you know that a franchisor’s Franchise Disclosure Document (FDD) is a cornerstone of any franchise sales program, and – for better or for worse – every prospective franchisee will eventually receive this document and information regarding their prospective franchisor.  Some industry professionals may brush off the document as being ‘too legal’ or not helpful in doing true due diligence about a franchise system – however, we advise our clients that there are nuggets of information that can really shed some light about a franchised brand.  Whether you’re a prospective franchisee going through the due diligence process, or a franchisor that needs to be prepared to answer questions regarding its disclosures, it is important to note these items in order to dig deeper into the presentation of a franchised network.

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CAN I APPLY FOR A FEDERAL TRADEMARK REGISTRATION BEFORE I’M USING THE MARK?

EP Team

When we are preparing a federal trademark application, one of the most important things we need to know is whether you are – at the time of the application – actively using the trademark in the marketplace.  If you are, we will file a use-based trademark application, also known as a section 1(a) application (corresponding to the section of the law that authorizes this type of application).  But in many cases, an entrepreneur wishes to register a mark before he or she has introduced the product or service that the mark represents. As explained below, it is possible to apply to register a mark that is not yet being used.  This type of application is known as an intent-to-use (“ITU”) application or a section 1(b) application.

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IS MY BUSINESS RIGHT FOR FRANCHISING?

EP Team

One of the most common questions we get from business owners is whether their business is right for franchising.  On its face, franchising can seem like an excellent way to expand utilizing the capital and talents of qualified third parties.  And for those that do it right, it is!  That said, entering into franchise relationships takes a considerable investment in time, talent, and money, and we initially have many conversations with our clients about whether they are willing to invest accordingly.

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SHOULD I TRADEMARK MY BUSINESS NAME, LOGO, OR BOTH?

EP Team

Whether you have a new or established business, trademarks can be an essential part of protecting what often becomes a company’s most important asset:  Its brand and goodwill.  At the startup stage, entrepreneurs often are looking for guidance on how to get the most protection without having to file multiple trademark registration applications with the U.S. Patent and Trademark Office.  So, we are often asked whether a business should register its name, logo, or both.

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DO I NEED AN ATTORNEY TO FORM A COMPANY IN MINNESOTA?

EP Team

One of the most common questions that we get from our clients, contacts, family, and friends, is whether they should engage an attorney to help them start their company. There are some firms that tell their clients, no matter what, that they should engage an attorney to form their limited liability company or their corporation, and often at a high price.

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IS A FEDERALLY REGISTERED TRADEMARK WORTH IT?

EP Team

Starting a new business can seem like an overwhelming and never-ending series of decisions and expenditures.  So any savvy business owner will, of course, look to prioritize the “needs” from the “wants.”  One of the most common questions we hear from clients – especially those at the start-up stage – is whether federal trademark registration is worth pursuing.

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THE (NEARLY) COMPLETE GUIDE TO BUYING A BUSINESS & A FULL-TIME JOB

EP Team

Scenario: You’re one of a handful of employees at a small bakery, Maddy’s CakeBake, LLC, where you’ve worked closely with the owner Maddy for a couple years.

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WELCOME

EP Team

Welcome to the Blog section of the EntrePartner Law Firm website! You’ve probably already seen the awesomeness that is our homepage, but in case you need an(other) introduction:

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